66842 Federal Register / Vol. 75, No. 209 / Friday, October 29, 2010 / Rules and RegulationsWReier-Aviles on DSKGBLS3C1PROD with RULES2the school is associated to the degreeprogram and included in the medianloan debt calculation for the degreeprogram. None <strong>of</strong> the student’s debt isincluded in calculating the median loandebt <strong>of</strong> the certificate program.Student 5. Student is in an in-schoolstatus while attending the degreeprogram, but does not complete thatprogram. Only the $3,000 debt incurredby the student for completing thecertificate program would be includedin the median loan debt calculation forthat program. None <strong>of</strong> the student’s debtwould be included in the median loandebt calculation for the degree programbecause the student did not completethat program.Student 6. Student is in an in-schoolstatus while attending the degreeprogram, but the degree program is notsubject to the gainful employmentprovisions. When the student completesthe degree program, none <strong>of</strong> thestudent’s debt would be included in themedian loan debt calculation for thecertificate program and no calculationwould be performed for the degreeprogram because it is not subject to thegainful employment provisions.The <strong>Department</strong> disagrees with thesuggestions that an institution shouldnot be required to disclose loan debtincurred by students for living expensesbecause many students cannot afford toenroll in a program without borrowingto pay for living expenses and othereducation-related costs. Identifying onlya portion <strong>of</strong> the loan debt that a studentis likely to incur not only defeats thepurpose <strong>of</strong> the disclosure but also maybe misleading. With respect to thecomments that loan debt related toliving expenses should be disclosedseparately from loan debt tied directlyto institutional charges, we areconcerned about how institutions wouldmake or portray these disclosures andbelieve that separating the debt amountswould be confusing to prospectivestudents.We find little merit in the argumentthat using median loan debt, instead <strong>of</strong>mean loan debt, would provide acompetitive advantage to institutionswith fewer student loan borrowers.Assuming that an institution with fewerborrowers has the same enrollment asan institution with a large number <strong>of</strong>borrowers, then regardless <strong>of</strong> whetherthe mean or the median is used, the loandebt will be lower for an institutionwith fewer borrowers because all <strong>of</strong> thestudents who do not borrow wouldreduce its mean or median loan debt.When these regulations take effect onJuly 1, 2011, the <strong>Department</strong> willrequire institutions to report no laterthan October 1, 2011 the informationdescribed in § 668.6(a) for the 2006–07,2007–08, and 2008–09 award years. Inaccordance with the record retentionrequirements under § 668.24(e), mostinstitutions should have the requiredinformation. We note that manyinstitutions may have an existingpractice <strong>of</strong> keeping student records forlonger periods, or do so for State oraccrediting purposes. If an institutionhas the records for the earlier periods,it must report the information describedin § 668.6(a). Institutions that are nototherwise required to maintain theinformation for the 2006–07 award yeardescribed in § 668.6(a) at the time thisregulation goes into effect on July 1,2011, should consider doing so for theirown purposes. In any case, if aninstitution is unable to report all orsome the required information, it mustprovide an explanation <strong>of</strong> why themissing information is not available.Changes: Section 668.6(a) has beenrevised to provide that in accordancewith procedures established by theSecretary, an institution must provide(1) information for the award yearbeginning on July 1, 2006 andsubsequent award years, (2) informationabout whether a student matriculated toa higher credentialed program at theinstitution, (3) if it has evidence,information that a student transferred toa higher credentialed program atanother institution, and (4) if theinstitution is unable to report requiredinformation, an explanation <strong>of</strong> why themissing information is not available.Student Information DatabaseComment: Several commentersquestioned the <strong>Department</strong>’s ability tocollect data under section 134 <strong>of</strong> theHEA which prohibits the <strong>Department</strong>from developing, implementing, ormaintaining a Federal database <strong>of</strong>personally identifiable information. Thecommenters claimed that obtainingidentifying information on programcompleters by CIP code and programcompletion date would constitute aviolation <strong>of</strong> section 134 <strong>of</strong> the HEA.Some <strong>of</strong> the commenters suggested thatinstitutions provide only aggregateinformation for individuals by CIP codeand opined that the completion datewas not necessary and should beremoved. These commenters reasonedthat the <strong>Department</strong> should use existinginformation, such as enrollment andloan repayment data in NSLDS and inany other systems, to determine whenstudents are enrolled or have completedtheir program. Another commenter citedsection 134 <strong>of</strong> the HEA as a reason whyan institution should not be required toprovide information on private orinstitutional loans.VerDate Mar2010 14:10 Oct 28, 2010 Jkt 223001 PO 00000 Frm 00012 Fmt 4701 Sfmt 4700 E:\FR\FM\29OCR2.SGM 29OCR2Because section 134 <strong>of</strong> the HEAexempts existing systems that areneeded to operate the student aidprograms, some commenters asked the<strong>Department</strong> to clarify which currentsystems would be used to gather theinformation requested under proposed§ 668.6(a). Several <strong>of</strong> the commentersdid not believe that institutions shouldhave to collect and report informationfor students who completed theirprograms in the past three years andrequested that the information beprospective (students who beginattending a program after July 1, 2011).Discussion: Section 134 <strong>of</strong> the HEAplaces restrictions on the <strong>Department</strong>’sability to develop, implement, ormaintain a new database <strong>of</strong> personallyidentifiable information aboutindividuals attending institutions andreceiving title IV, HEA program funds,including systems that track individualstudents over time. It does not prohibitthe <strong>Department</strong> from including suchinformation in an existing system that isnecessary for the operation <strong>of</strong> theFederal student aid programs. In thiscase, the information being reported isalready a part <strong>of</strong> the information that ismaintained by institutions in theirstudent financial aid and academicrecords, and is subject to complianceand program reviews. Institutionsreporting that students have started orcompleted a program for which thosestudents received title IV, HEA programfunds will augment the existinginformation in the <strong>Department</strong>’s systemsthat are used to monitor and maintainthe operations for the title IV, HEAprograms. The information is also beingcompiled to create aggregateinformation to evaluate whether aprogram demonstrates that it leads togainful employment for its students,rather than to monitor the individualstudents attending those programs overtime. For those reasons, the reportingand use <strong>of</strong> this information is notprohibited under the law.Changes: None.Links to O*NetComment: Several commenters agreedit was important to inform students andthe public about possible jobopportunities that could result fromenrolling in a program, but wereconcerned that the proposedrequirement would not serve toaccurately inform students. Some <strong>of</strong> thecommenters believed that the proposedrequirements might work for someprograms like teaching and nursing.However, for graduate-level programs,like MBAs and PhDs in Psychology,institutions would be required toprovide an unwieldy amount <strong>of</strong> data.
Federal Register / Vol. 75, No. 209 / Friday, October 29, 2010 / Rules and Regulations66843WReier-Aviles on DSKGBLS3C1PROD with RULES2For example, it would be impossible foran institution to identify and disclosethe full range and number <strong>of</strong> jobopportunities that might exist for MBAgraduates. As an alternative, thecommenters suggested that the<strong>Department</strong> require schools to disclosethe types <strong>of</strong> employment found by theirgraduates in the preceding three years.Other commenters had similar concernsand suggested that instead <strong>of</strong> disclosingall occupations by name and SOC code,the <strong>Department</strong> should allow aninstitution to disclose a sampling orrepresentative set <strong>of</strong> links for theoccupations stemming from itsprograms. Otherwise, the commenterswere concerned that an institutionwould run afoul <strong>of</strong> themisrepresentation provisions unless itfully and completely listed all <strong>of</strong> theSOC and O*NET codes related to eachprogram <strong>of</strong>fered at the institution.Another commenter suggested that aninstitution should only list thoseoccupations in which a majority <strong>of</strong> itsprogram completers were placed.A commenter claimed that it wouldbe confusing and misleading to provideinformation on hundreds <strong>of</strong> jobs. Toillustrate this point, the commenterstated that entering a CIP code <strong>of</strong> 52 for‘‘Business, Management, Marketing andRelated Support Services’’ would lead to86 codes representing more than 300occupational pr<strong>of</strong>iles. To avoidconfusing students, the commentersuggested that an institution providelinks only to those careers where itsstudents have typically foundemployment.One commenter thought that the linkto O*Net was unnecessary becausestudents could use search engines toresearch potential jobs.Another commenter supported theO*NET disclosures because theadditional administrative burden wasnot significant and the change was longoverdue.Discussion: In general, we do notbelieve that the links to O*NET willlead to an unwieldy amount <strong>of</strong>information when the full 6-digit CIPcode is entered on the SOC crosswalk athttp://online.onetcenter.org/crosswalk/.For example, entering the full 6 digitCIP code, 52.9999, for Business,Management, Marketing and RelatedSupport Services, identifies only ninerelated occupations (SOCs). As shownbelow, it is these links to, and the names<strong>of</strong>, the nine occupations that aninstitution must post on its Web site.52.9999 Business, Management,Marketing, & Related SupportServices, Other11–9151.00 Social and CommunityService Managers11–9199.00 Managers, All Other13–1199.00 Business OperationsSpecialists, All Other41–1011.00 First-Line Supervisors/Managers <strong>of</strong> Retail Sales Workers41–1012.00 First-Line Supervisors/Managers <strong>of</strong> Non-Retail Sales Workers41–3099.00 Sales Representatives,Services, All Other41–4011.00 Sales Representatives,Wholesale and Manufacturing,Technical and Scientific Products41–4012.00 Sales Representatives,Wholesale and Manufacturing, ExceptTechnical and Scientific Products41–9099.00 Sales and RelatedWorkers, All OtherHowever, for 6-digit CIP codes thatyield more than ten occupations, aninstitution may, in lieu <strong>of</strong> providinglinks to all the identified SOCs, providelinks to a representative sample <strong>of</strong> theSOCs for which its graduates typicallyfind employment within a few yearsafter completing a program.Changes: Section 668.6(b) has beenrevised to allow an institution toprovide prospective students with Weblinks to a representative sample <strong>of</strong> theSOCs for which its graduates typicallyfind employment within a few yearsafter completing the program.Disclosing Program CostsComment: Many commenterssupported the proposal to discloseprogram costs. The commenters laudedthis information as more useful tostudents than disclosing costs by credithour or by semester and severalcommenters encouraged the <strong>Department</strong>to make this section <strong>of</strong> the regulationseffective as soon as possible.Some commenters indicated that theprogram costs in proposed § 668.6(b)(2)differ from the costs an institutionmakes available under § 668.43(g). Thecommenters suggested that all costs thata student may incur should be disclosedincluding charges for full-time and parttimestudents, estimates <strong>of</strong> costs fornecessary books and supplies as well asestimated transportation costs. Othercommenters asked the <strong>Department</strong> toclarify how program costs under theproposed Web site disclosures would becalculated differently than thoserequired in the student consumerinformation section <strong>of</strong> the regulations.In addition, some <strong>of</strong> these commentersnoted that although § 668.43 requires aninstitution to disclose program costupon request, many students do notknow to ask for it, or the information isnot currently presented in a clearmanner. Another commenter noted thatthe phrase ‘‘institutional costs’’ could beinterpreted to mean only those costspayable to the institution andVerDate Mar2010 14:10 Oct 28, 2010 Jkt 223001 PO 00000 Frm 00013 Fmt 4701 Sfmt 4700 E:\FR\FM\29OCR2.SGM 29OCR2recommended that the phrase bechanged to ‘‘cost <strong>of</strong> attendance.’’Several commenters opined thatproviding program costs would confusestudents. One <strong>of</strong> the commentersrecommended using just the net pricecalculator as that would also easeinstitutional burden.Discussion: Although we recentlyrevised § 668.43(a) to provide that aninstitution must make program costinformation readily available, not justupon the request <strong>of</strong> a student, thatsection does not require the institutionto disclose program costs on its Website. All <strong>of</strong> the disclosures in § 668.6(b),including the disclosure <strong>of</strong> programcosts, must be on the same Web page toenable a prospective student to easilyobtain pertinent information about aprogram and compare programs. Alongthese lines, and in view <strong>of</strong> the recentGAO investigation (see http://www.gao.gov/new.items/d10948t.pdf)raising concerns over program costinformation, § 668.6(b) specificallyrequires an institution to disclose on thesame Web page (1) Links to O*NETidentifying the occupations stemmingfrom a program or Web links to arepresentative sample <strong>of</strong> the SOCs forwhich its graduates typically findemployment within a few years aftercompleting the program, (2) the on-timegraduation rate <strong>of</strong> students completingthe program, (3) the placement rate forstudents completing the program, (4) themedian loan debt incurred by studentscompleting the program, and (5) thecosts <strong>of</strong> that program. The institutionmust disclose the total amount <strong>of</strong> tuitionand fees it charges a student forcompleting the program within normaltime, the typical costs for books andsupplies (unless those costs areincluded as part <strong>of</strong> tuition and fees), andthe cost <strong>of</strong> room and board if theinstitution provides it. The institutionmay include information on other costs,such as transportation and livingexpenses, but in all cases must providea Web link, or access, to theinstitutional information it is requiredto provide under § 668.43(a).Changes: Section 668.6(b) has beenrevised to provide that an institutionmust disclose, for each program, all <strong>of</strong>the required information in itspromotional materials and on a singleWeb page. The institution must providea prominent and direct link to this pageon the program home page <strong>of</strong> its Website or from any other page containinggeneral, academic, or admissionsinformation about the program. Inaddition, this section is revised tospecify that an institution must disclosethe total amount <strong>of</strong> tuition and fees itcharges a student for completing the
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